[Congressional Record: May 8, 2000 (House)]
[Page H2617-H2618]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr08my00-32]
QUESTIONING THE DEPARTMENT OF JUSTICE ON ELIAN'S ABDUCTION
Mr. STEARNS. Madam Speaker, I come to the House floor to not talk
about the debate whether Elian should be reunited with his father or
not. I think the majority of Americans say he should. What I am here to
talk about is the constitutionality of what was done by the Justice
Department, and to pose some questions and urge our leadership on this
side to hold hearings.
Regrettably, the American people, the Miami relatives of Elian
Gonzalez and the Congress still do not have all of the answers which
led up to the events that transpired on that Easter recess by the
Justice Department and the Immigration and Naturalization Service.
Madam Speaker, of course, the world has seen that famous photograph
by now of an INS SWAT officer pointing an assault rifle at Elian, that
assault rifle was a Heckler & Koch MP5 submachine gun.
The Attorney General during Easter weekend, ordered armed forces into
the house of Mr. Lazaro Gonzalez in order to free Elian and reunite him
with his father.
What the world, Americans and Congress do not know are the events
that led up to activities that transpired during and after the
government's raid on a private citizen's home, just as the Congress did
in the case of the Waco and Ruby Ridge. I think it is the
responsibility of this legislative branch to seek the truth and have
government justify its actions in instances in which the sacred
constitutional liberties of Americans have been jeopardized.
Madam Speaker, I submit this afternoon that there are many questions
that still need to be answered, and we are not here to debate whether
Elian should be reunited with his father. Those are answers that
ultimately will be left up to the courts.
While the court struggles with the issue of immigration and family
law, the Congress has the duty and responsibility to seek answers to
the policies of the Justice Department that led up to the heavily armed
Federal agents breaking into the house of peaceful American citizens,
with agents pointing machine guns at American citizens in their own
home and trashing their own home, too.
Just as important, oversight is needed to determine whether the
judicial process was circumvented by the administration. Reports
indicate that the nature by which the search warrants were issued were
made under false pretenses. How many different judges did the
administration go to before having the search warrant accepted? Did any
of the judges refuse to issue a search warrant, and if so, on what
grounds?
During the early days of Elian's arrival in the United States, the
Justice Department and the INS were quick to point out that asylum and
custody questions could only be answered in the courts.
What is the policy of the Department of Justice and INS when State
courts do not agree with Federal agencies? Does the Attorney General
have the power to overrule the decisions of State courts such as ones which
decide custody measures?
In addition, Madam Speaker, why was the Justice Department not
willing to await the outcome of Elian's claim for asylum before the
11th U.S. Circuit Court of Appeals? What does that say about how much
weight the administration gives to our judicial branch of the
government?
How will the Attorney General justify her actions if the 11th Circuit
decides Elian's asylum claims are true in manners which contradict the
Department's actions?
What constitutional authority does the Federal Government have in
executing search warrants in cases that are not criminal? In how many
other cases has the INS broken down doors and used armed agents in
custody cases?
Additionally, why did the Attorney General feel compelled or
pressured to use overwhelming armed force when Elian's life was not in
danger?
The negotiations were still taking place at the time the INS broke
down the door and trashed the Gonzalez house. Should it be the policy
of the INS to present the possibilities of deadly force when
confronting situations which are not criminal? Additionally, Gregory
Craig, the attorney for Juan Miguel, also happened to be the attorney
for the President during the impeachment trials.
Elian's Miami relatives and the American people have a right to know
what role Gregory Craig played during the shaping of the Department's
actions. Furthermore, what contact did the administration have with the
Communist dictator Fidel Castro?
Was the President influenced by another Cuban boat lift? These are
some of the questions I have, Madam Speaker. I call on Congress to hold
hearings because the people across this Nation have a right to know. As
Americans, we have inalienable rights to certain freedoms and
protections. When government officials threaten or encroach on those
rights, it is our duty to hold them responsible.